Most states allow spouses seeking a divorce to allege fault in the breakup of the marriage as a basis for the divorce. Alleging the other spouse’s fault—rather than seeking the divorce on no-fault grounds (irreconcilable differences or incompatibility, making the marriage unsustainable)—is generally a basis for requesting the court make an uneven distribution of the marital or community property in favor of the spouse alleging the other’s spouse’s fault.

In states that allow a spouse to seek a divorce on fault grounds, the grounds that may be alleged vary from state to state, but generally include adultery, cruelty, conviction of a felony, family or domestic violence, abandonment, mental illness, and substance abuse (drugs and alcohol). Spouses may also seek a divorce on no-fault grounds in these states.

In no-fault states, a spouse is not allowed to allege fault as grounds for the divorce, and the court is not allowed to consider fault in dividing the marital or community property—but allegations of fault may be considered for other purposes, such as spousal support and child custody. No-fault states include California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington, and Wisconsin. And in some states “incurable insanity” is a no-fault ground for divorce.

The grounds on which a spouse may seek a divorce (fault or no-fault) are usually located in a state’s statutes—often in the family code or domestic relations code.

In Florida, the law allows for what is known as a 'no-fault' divorce, which means that neither spouse is required to prove fault on the part of the other to obtain a divorce. The only grounds required are that the marriage is 'irretrievably broken' or that one of the spouses has been mentally incapacitated for a period of at least three years. Florida Statutes Section 61.052 outlines the requirements for dissolution of marriage. While fault is not required to be shown for the divorce itself, it may still be relevant in other aspects of the divorce proceedings, such as determining alimony, child custody, and the division of marital assets. However, when it comes to the division of marital property, Florida follows the principle of equitable distribution, which means the court will divide marital assets in a fair and equitable manner, which is not necessarily equal, and may consider a variety of factors, including the contributions of each spouse to the marriage and the economic circumstances of the parties.